BOARD DATE:	  13 August 2009

		DOCKET NUMBER:  AR20090005451 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, award of the Southwest Asia Service Medal (SWASM).

2.  The applicant states, in effect, that the SWASM was not added to his 
DD Form 214 (Certificate of Release or Discharge from Active Duty) at the time of his release from active duty (REFRAD).

3.  The applicant provides his DD Form 214 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows that on 6 December 1990 while serving in the United States Army Reserves (USAR) he was ordered to active duty in support of Operation Desert Shield/Storm.  It further shows he served 7 months and 7 days until being honorably REFRAD at the completion of his required period of active duty service on 12 July 1991. 

3.  The DD Form 214 issued to the applicant on 12 July 1991 confirms he completed 7 months and 7 days of active military service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the following awards:  Army Service Ribbon, National Defense Service Medal, Armed Forces Reserve Medal, Army Reserve Components Achievement Medal with 3rd Oak Leaf Cluster (4th Award), and Sharpshooter Marksmanship qualification Badge with Rifle Bar.  

4.  Item 12f (Foreign Service) of the applicant's DD Form 214 contains the entry "00 00 00," which indicates he completed no overseas service during the period covered by the DD Form 214.  Item 18 (Remarks) contains an entry indicating the applicant was ordered to active duty in support of Operation Desert Shield/Storm in accordance with Title 10, U.S. Code, Section 673b 
(10 USC 673b), and the entry "Service in Fed Rep of Germany from 901217 to 910526," which indicates he served in Germany.  

5.  On 11 February 1992, a correction to his DD Form 214 (DD Form 215) was issued that amended item 12f (Foreign Service) of the applicant's DD Form 214 by changing the entry to read "00 05 09" to reflect that he completed 5 months and 9 days of overseas service.  

6.  A review of the Defense Finance and Accounting Service (DFAS) pay record confirms the applicant received Hostile Fire Pay/Imminent Danger Pay (HFP/IDP) for serving in Southwest Asia (SWA), in Iraq, in support of Operation Desert Storm/Shield during the period 1 December 1990 through 31 July 1991.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-14 states, in pertinent part, that the SWASM is awarded to all members of the Armed Forces credited with serving in SWA and contiguous waters as well as the total land areas of Iraq, Kuwait, and Saudi Arabia on or after 2 August 1990 through 30 November 1995, in support of the Persian Gulf War during Operation Desert Shield/Desert Storm.  It also stipulates that a bronze service star is authorized for wear with the SWASM for each campaign a member is credited with participating in while serving in SWA in support of the Persian Gulf War during Operations Desert Shield/Desert Storm.  


8.  Table B-1 of the awards regulation contains a list of campaigns and shows that during the applicant's tenure of assignment in SWA, participation credit was granted for the Defense of Saudi Arabia (2 August 1990 – 16 January 1991) Liberation and Defense of Kuwait (17 January 1991- 11 April 1991), and SWA Cease Fire (12 April 1991 – 30 November 1995) campaigns.

9.  Paragraph 9-14 of the awards regulation contains guidance on award of the Kuwait Liberation Medal (KLM)-Saudi Arabia.  It states, in pertinent part, that it is awarded to members who participated in Operation Desert Storm/Desert Shield in designated areas of operations to include Iraq, Kuwait, and Saudi Arabia between 17 January 1991 and 28 February 1991.  Paragraph 9-15 contains guidance on award of the KLM-Kuwait and states, in pertinent part, that it is awarded to members who served in support of Operations Desert Shield and Desert Storm between 2 August 1990 and 31 August 1993, in designated areas to include Iraq, Kuwait, or Saudi Arabia. 

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains preparation instructions for the DD Form 214.  The instructions for item 13 state, in pertinent part, to list all awards and decorations for all periods of service.  The instructions for item 18 state, in pertinent part, that for active duty Soldiers deployed with his unit, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was eligible to receive the SWASM and that it was erroneously omitted from his DD Form 214 was carefully considered and found to have merit.  DFAS pay records confirm the applicant served in SWA in support of Operation Desert Shield/Storm during the period between December 1999 and July 1991.  Based on this service and campaign participation in SWA, he is eligible for the SWASM with 3 bronze service stars, the KLM-Saudi Arabia, and KLM-Kuwait.  Therefore, it would be appropriate to add these awards to his record and DD Form 214 at this time.

2.  Although not requested by the applicant, during the review of this case it was determined that there was an administrative error made in the deployed country listed in  item 18 of his DD Form 214.  The entry indicates the applicant completed service in Germany during the period from 17 December 1990 through 26 May 1991.  
3.  However, the evidence of record confirms that during the period entered in item 18 the applicant was instead serving in SWA, in support of Operation Desert Storm/Shield, as evidenced by the DFAS official pay record.  As a result, it would be appropriate to correct this entry by deleting Germany and replacing it with "Southwest Asia."  

BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending on 12 July 1991 as follows:

	a.  Item 13 - add the Southwest Asia Service Medal with 3 bronze service stars, Kuwait Liberation Medal-Saudi Arabia and Kuwait Liberation Medal-Kuwait;

	b.  Item 18 - delete the entry "SERVICE IN FED REP OF GERMANY FROM 901217 TO 910526" and replacing it with the entry "SERVICE IN SOUTHWEST ASIA 901217-910731"; and 

	c.  providing him a correction to his DD Form 214 that includes these changes. 




      _______ _   x_______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090005451



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ABCMR Record of Proceedings (cont)                                         AR20090005451


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